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(영문) 제주지방법원 2018.10.29 2017가단59743
임대차보증금
Text

1. The plaintiff

A. Defendant B’s KRW 130,360,000 and annual interest thereon from March 7, 2018 to October 29, 2018; and

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, the agent of Defendant B, with the content that the lease deposit amount shall be KRW 100,00,000,00 and KRW 2,300,000,000, and the general steel-frame 400,000, and the general steel-frame projected roof of Defendant B’s land and buildings, collectively, “the instant real estate” was collectively referred to as “the instant building.” Since the instant building was used for salt manufacturing and warehouse before being used as salt manufacturing and warehouse, the Plaintiff entered into a lease agreement with Defendant C with the content that the lease deposit amount shall be KRW 329,85,00,00 and KRW 2,300,000,000 (excluding the value-added tax).

The main contents of the instant lease agreement are as follows.

(1) A lessor shall deliver the instant real estate to the lessee by October 7, 2015 in a condition that he/she can use and benefit from the said real estate.

(2) The term of lease shall be from the date of delivery to April 2031.

(3) The rent for six months from the date on which the lessee commences the interior work shall be exempted, and the rent for the first one year shall be paid in advance.

In principle, the above rent shall be paid in advance.

(4) Buildings among the real estate in this case shall be repaired and used at the expense of the lessee.

(5) The duration of chonsegwon shall be ten years, and it shall be extended by April 2031 on condition of succession to this contract at the expiration of the ten-year period.

B. By November 23, 2015, the Plaintiff paid Defendant B KRW 100,00,000 as lease deposit and KRW 30,360,00 as lease deposit for the first year (including value-added tax), and KRW 130,360,00 in total.

C. The Defendant did not remove salt manufacturing equipment inside the instant building (the Defendant removed the instant building from July 2016), and the Plaintiff’s mobile phone in relation to the sale of the instant real estate from May 31, 2016 to Defendant C, while the Plaintiff was not commencing the interior interior interior interior interior interior interior of the instant building.

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